After a lengthy proceeding this afternoon, a Northampton County judge balked at rescheduling the trial for two businessmen accused of stealing more than $830,000 from Bethlehem Township, Pa.

However, Judge Leonard Zito said he will not decide until Monday, when the trial starts, whether to block testimony District Attorney John Morganelli said shows a pattern of similar behavior. A jury will be selected later that same afternoon, the judge said.

The township paid MEM to purchase street lights from PPL and maintain them at a cheaper rate than the utility company. However, no one from MEM reached out to PPL to inquire about purchasing the lights until after the project's scheduled completion, Morganelli said. Kearns and McLaine also gave themselves bonuses shortly after inking the deal with Bethlehem Township for nearly the same amount, he said.

Morganelli said today he plans to call municipal officials from Coplay, Walnutport and Richland Township, Bucks County, to further his case. Each of these municipalities entered into similar agreements with MEM, and in each case no work was done, Morganelli said.

Defense attorney Jim Swetz argued the outside evidence would only serve to bias the jury. Kearns and McLaine are not accused of pocketing money from the other deals for themselves. Even if the other deals show signs of wrongdoing, they don't show criminal behavior unless the two men kept the cash for themselves, he argued.

Swetz and defense attorney Jim Comerford argued Morganelli colluded with
Bethlehem Township officials to illegally gather information into his
criminal investigation. They also claimed he failed to provide them
information about a $556,000 payment from MEM to PPL. Morganelli denied
both allegations.